Advice needed.

[MrsC22]

My DH was dismissed from his job after several allegations made against him by his directors, they carried out the whole investigation/disciplinary process (within a week from him being made aware of the allegations to the dismissal) and as a result he lost his redundancy payment.

At the conclusion of the meeting they advised that one matter was not being upheld but they were passing to the local police (this didn’t bother us as my DH vehemently states there is no wrong doing).

Just over 10 weeks after his dismissal I had two DC’s at the door wanting to speak with him, they left a number and he arranged a voluntary meeting at the station two days later. Since then (4 weeks later) we have requested three updates to the complaint but we are getting the same response “I am waiting on responses from my enquiries, as soon as I have anything further, i’ll be in touch.”

Last reply received was 22/11 stating the above and we have heard nothing since. I understand that the police have a heavy workload and that this may not be a priority however my DH has explained in detail his response to the allegation and even provided evidence he was out of the country on a date he was alleged to have done something.

Does anyone have any experience of the process as we don’t seem to be getting anywhere and as the director’s son is an officer at the same station we are not sure if this type of delay is usual.

Thank you in advance.

[Mc180768]

I have vast experience of the CJS process although, I must add I am not a lawyer. I do however work in the CJS field.

Was your DH questioned under caution and was he offered a solicitor? Even under a voluntary interview, (there is no such thing as a 'friendly chat') your DH should have been offered a lawyer.

If he was interviewed under caution and one must assume he was, I wld certainly engage the services of a solicitor to access the tapes.

Police making further enquiries could mean all manner of things.

There is not enought evidence to proceed to CPS for a charging decision.

In their further enquiries, they may be seeking further information from the complainant.

Did the police bail your DH? Has he any documentation to say he has to appear at a further date at the police station?

If he was bailed, the police only have 28 days to deal with the potential defendant or NFA/recall for further questioning/charge.

[MrsC22]

Hi, thank you for your reply.

Yes he was interviewed under caution and declined the services of a solicitor as he doesn’t feel he needs one.

He was free to leave the station following the interview and advised they would be in touch at some point in the future. Their only request was evidence he was out of the country on a specific date which he submitted via email. We have chased an update each week to no avail.

As my DH has submitted a claim through the Employment Tribunal we are required by order to obtain evidence which would be from the same people the police may have approached so therefore want to proceed with caution so as to not interfere. Our last communication with the DC was to ask if we were ok to do this (we haven’t a clue how things work) and he did not acknowledge this just stated awaiting a response from enquiries and might need a second interview at some point in the future.

The complaint was made 105 days ago and he is finding the open investigation has had a negative impact on his ability to find another job. I understand they need to be thorough and under normal circumstances would just roll with the process however the potential conflict of interest with having the MD’s son in the same station is making me question whether things are being dealt with slower than usual in order to prolong the impact upon my DH.

[Nicknacky]

Don't get yourself tied up in knots about someone working in the same station having an influence. Enquiries like this can take forever. I just finished a robbery which took me 6 months to trace and interview my suspects!

[Mc180768]

I certainly would have used the right to free legal representation. I see so many people that have the 'I have not done anything wrong so I do not need a solicitor' stance.

As the PP above states, the time element has nothing to do with MD''s son being at the station. He would be putting his job at risk if any bending of the rules occurs.

I am more disturbed that someone has declined legal representation when being interviewed under caution.

I guess it is now a waiting game and the police will contact your husband with an update in due course.

[MrsC22]

Thank you for your replies I do appreciate the advice. Had we known the length of time and the financial implications a police investigation might take we would have sought legal advice. A matter that seems so straightforward obviously takes more man hours than we understand.

In your opinions should he refrain from contacting witnesses for evidence to use in his employment tribunal case until the investigation is complete? He has to meet certain deadlines but I don’t want him to get into trouble and the DC didn’t answer when we asked him.

[Mc180768]

There are two separate issues here. One is the employment law side and the other is criminal law.

It all sounds very complex. If the witnesses are employees of the company that have made allegations to the police, then they themselves could well be compromised were they to disclose anything. While this is going to be hard to take, your DP is under investigation by the police due to allegations. That is a criminal matter. Just because he has not been arrested does not lessen the severity of the matter. All that means is that there was no reason to formally arrest. He was still interviewed under caution. He was free to leave at any time. He is still under investigation. I do suggest he contacts a solicitor in criminal law on this matter so he can seek correct legal advice.

As for the employment issue, has he tried ACAS? Free, up-to-date advice for employees.